Ky. Cir. Ct. Clerks' Manual GUARDIAN AD LITEM

48 GUARDIAN AD LITEM

CR 4.04(3), 17.03(2), KRS 387.305 Process Map

 Whether appointed pursuant to statute KRS 387.305 or pursuant to a provision of the

Kentucky Unified Juvenile Code, the duties of a guardian ad litem shall be to advocate for

the client's best interest in the proceeding through which the guardian ad litem was

appointed. Without an appointment, the guardian ad litem shall have no obligation to

initiate action or to defend the client in other proceedings.

48.1 Affidavit

If you are asked to appoint a guardian ad litem for the purpose of service of process for a

defendant who is an unmarried person under 18 or a person of unsound mind an

affidavit will be filed with you stating that the defendant has no guardian, curator, or

conservator residing in this state known to the affiant. KRS 387.305(1).

NOTE: The complaint/petition may also include language noting a GAL is needed and

requesting an appointment. Complaints/petitions should be reviewed for this content.

1. Apply the FILED stamp to the affidavit; add the date and your initials. Quick Reference

File the affidavit by completing a document screen. Use document code File, date, initial

AFF and memo guardian ad litem in document screen. Document code

2. Consult your roster of attorneys and make an appointment unless your AFF

judge wishes to make these appointments. Memo GAL in

document screen

3. Prepare AOC Form 115, Appointment of Guardian Ad Litem. Apply the

FILED stamp; add the date and your initials.

4. File the appointment by completing a document screen using document AOC Form 115

code AGAL. File, date, initial

5. Make a copy of the appointment and attach to the summons and Document code

complaint to be served on the defendant through the guardian ad litem. AGAL

6. A copy of the appointment is also given to the attorney for the plaintiff and

all other parties. Copy of

appointment

7. Complete a party screen for the GAL. Attach to summons

NOTE: If a guardian ad litem was not appointed when the complaint was and complaint

filed, then the court, not the clerk, appoints a guardian ad litem to defend

the action. You may make this appointment only when the judge is not

present in the county. CR 17.03(2). Party screen GAL

GUARDIAN AD LITEM

48.2 Fees

 The court shall allow to the guardian ad litem a reasonable fee for his/her services, to be

paid by the plaintiff and taxed in the costs. Payment may be pursuant to a general court

order or using the method below.

 Guardian Ad Litem forms are to be completed by the Guardian Ad Litem attorney/court

appointed counsel for the payment of fees by the Finance and Administration Cabinet.

The FINGAL-1 Form may be obtained through the Finance and Administration Cabinet

website by the GAL to complete for cases involving dependency, neglect or abuse,

involuntary termination of parental rights, voluntary termination of parental rights,

involuntary commitment of a mentally handicapped adult, and/or the representation for

the performance of an abortion upon a minor.

 In addition, in any court proceeding conducted pursuant to KRS 403.010 to 403.350 if the

respondent is incarcerated for a conviction pursuant to KRS Chapter 507, 508, 509 or

510, where the petitioner is the victim, the guardian ad litem shall be paid by the Finance

and Administration Cabinet.

1. Upon receipt of a signed FINGAL-1 or order, apply the ENTERED stamp; Quick Reference

add the date and your initials. Enter, date, initial

2. Enter the Order on a document screen using document code: OAF.

Enter order: OAF

3. Service notice of entry and make an entry on the document screen

showing the manner and date of the service of notice of entry of the Serve notice of

Order and distribute a copy to the following: entry

• Court file

Make an entry on

• Finance Cabinet document screen

• Other person or agency, if any, ordered to pay attorney's fees.

Finance and

Administration

Cabinet

200 Mero Street,

5th Floor

Frankfort, KY 40622

If preferred, you

may fax (502) 564-

9557 or email

fin.gal@ky.gov